2217‑S2 AMH CARR RUTH 32

2SHB 2217 ‑ H AMDS 153 ADOPTED 2-9-96

By Representatives Carrell, Tokuda, and Cooke

     On page 3, line 18, after "parents." insert "The provider shall provide notice only if (a) the minor signs a written consent authorizing the disclosure in accordance with sections 523 and 527 of the Public Health Services Act (42 USC 290dd-3, 290ee-3) as implemented by 42 CFR Sec. 2.31 (1994) and as hereafter amended, or (b) the consent of the minor's parent, parents, custodian or guardian is unnecessary for the minor to receive treatment and the program or facility director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure."

     On page 3, line 22 strike paragraph (2) and insert the following:

     "(2)  Any provider of outpatient treatment who provides outpatient treatment to a minor shall provide notice of the minor's request for treatment to the minor's parents if (a) the minor signs a written consent authorizing the disclosure in accordance with sections 523 and 527 of the Public Health Services Act (42 USC 290dd-3, 290ee-3) as implemented by 42 CFR Sec. 2.31 (1994) and as hereafter amended, or (b) if the minor is less than thirteen years of age and the program or facility director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure.  The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the same information as required under RCW 71.34.030(2)(b).

     (3)  A parent, parents, custodian or guardian of a minor is not obligated to pay for any services provided to the minor under 70.96A.095(1) if within seven working days of the minor's request for treatment, the provider did not notify the minor's parent, parents, custodian or guardian that those services were being provided.  Notwithstanding any provision of any insurance contract or agreement entered into after the effective date of this act, benefits shall not be provided under the contract or agreement for the treatment of a minor if within seven working days of the minor's request for treatment, the provider did not notify the minor's parent, custodian or guardian that services were being provided.  This section shall not apply if the treatment provider has made reasonable attempts to notify the minor's parent, parents, custodian, or guardian but has not been able to contact them within seven days of the minor's request for treatment.  In accordance with sections 523 and 527 of the Public Health Services Act (42 USC 290dd-3, 290ee-3) as implemented by 42 CFR Sec. 2.14 (1994) and hereafter amended, a treatment provider may refuse to provide treatment until a minor patient consents to disclosure necessary to obtain reimbursement." 

On page 4, after line 18, insert the following:

     "NEW SECTION. Sec. 9.  A new section is added to chapter 48.20 RCW to read as follows:

     Notwithstanding any provision of any disability insurance contract entered into after the effective date of this act, benefits shall not be provided under the contract to a minor by an "approved treatment program" under RCW 70.96A.020(3) if the treatment provider did not notify the minor's parent, parents, custodian, or guardian of the minor's treatment within seven days of the minor's request for treatment.  This section shall not apply if the provider has made reasonable attempts to notify the minor's parent, parents, custodian, or guardian but has not been able to contact them within seven days of the minor's request for treatment.

NEW SECTION. Sec. 10.  A new section is added to chapter 48.21 RCW to read as follows:

     Notwithstanding the provisions in RCW 48.21.180 or any provision of any group or blanket disability insurance contract entered into after the effective date of this act, benefits shall not be provided under the contract to a minor by an "approved treatment program" under RCW 70.96A.020(3) if the treatment provider did not notify the minor's parent, parents, custodian, or guardian the minor's treatment within seven days of the minor's request for treatment.   This section shall not apply if the provider has made reasonable attempts to notify the minor's parent, parents, custodian, or guardian but has not been able to contact them within seven days of the minor's request for treatment.

NEW SECTION. Sec. 11.  A new section is added to chapter 48.44 RCW to read as follows:

     Notwithstanding the provisions in RCW 48.44.240, or any provision of any individual or group contract for health care services entered into after the date of this act, benefits shall not be provided under the contract to a minor by an "approved treatment program" under RCW 70.96A.020(3) if the treatment provider did not notify the minor's parent, parents, custodian, or guardian of the minor's treatment within seven days of the minor's request for treatment.  This section shall not apply if the provider has made reasonable attempts to notify the minor's parent, parents, custodian, or guardian but has not been able to contact them within seven days of the minor's request for treatment. 

NEW SECTION. Sec. 12.  A new section is added to chapter 48.46 RCW to read as follows:

     Notwithstanding the provisions in RCW 48.46.350, or any provision of any health maintenance agreement entered into after the date of this act, benefits shall not be provided under the agreement to a minor by an "approved treatment program" under RCW 70.96A.020(3) if the treatment provider did not notify the minor's parent, parents, custodian, or guardian of the minor's treatment within seven days of the minor's request for treatment. This section shall not apply if the provider has made reasonable attempts to notify the minor's parent, parents, custodian, or guardian but has not been able to contact them within seven days of the minor's request for treatment.

NEW SECTION. Sec. 13. Section 10 of this act shall not be codified between RCW 48.21.160 through RCW 48.21.197 as it is the intent of section 10 of this act to have the provisions of that section included within basic group disability insurance policies as described in RCW 48.21.045."

Please renumber sections consecutively, correct internal references accordingly and correct the title accordingly.

EFFECT:  First, sections five through seven of the bill are made consistent with federal regulations.  Second, parents and their insurance carriers are relieved from financial liability for any treatment provided to a minor by a chemical dependency treatment center for which a minor's parents were not notified of or for which a reasonable attempt to notify the parents was not been made.